8 Mar 2023
DELUXE ASCENT LTD v. DIRECTOR OF LANDS
- Citation
- [2023] HKCA 305
- Court
- Court of Appeal
- Case number
- CACV195/2021
The Court upheld the High Court: the published Policy and Gazette notices require the applicable zonal ex gratia building rate to be applied to the whole area of a resumed building lot; the Director cannot rely on unpublished internal documents or a hidden policy to construe or depart from the published Policy; in the present case there was no admissible basis to apply the zonal rate only to 20% and the Director's approach was unlawful; the Director's appeal is dismissed and the High Court order quashing the Director's decision and remitting the matter for fresh consideration is upheld.